Terms and Conditions | MobilfreeTV

Terms and Conditions | MobilfreeTV

MobilfreeTv Terms and Conditions

IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms of Use) CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. Access to and use of this website, service or other application (collectively the “Service”, “MobilfreeTv Service” or “MobilfreeTv”) is provided by Khind Enterprise, Inc. (“MobilfreeTv”, “us” or “we”) subject to the following terms:

By downloading or otherwise accessing the website or application you hereby agree to be bound by the following general terms and conditions and privacy policy. There may the addition of additional features in the website or application and those special features may have its own terms and conditions and those additional terms and conditions would also apply in context of use of a website or application along with the Terms and Conditions.

Last Updated: September 25, 2018

Overview:

Welcome to MobilfreeTv. We are a subscription based service that provides our members with access to motion pictures, television and other audio-visual entertainment (“movies & TV shows”) streamed over the Internet to certain Internet-connected TV’s, and other devices hereinafter referred to as  “MobilfreeTv ready devices”).

These Terms of Use govern your use of our service. As used in these Terms of Use, “MobilfreeTv service,” “our Service” or “the Service” means the service provided by MobilfreeTv for discovering and watching movies & TV shows, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our Service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with MobilfreeTv (except for matters that may be taken to small claims court). Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain MobilfreeTv ready devices, you may need to visit www.MobilfreeTv.com/terms-and-conditions to review these hyperlinked terms.

Acceptance of Terms of Use

i.           These Terms of Use, which include our Privacy Policy (www.MobilfreeTv.com/privacy-policy), set below apply to:

  • Any persons accessing and downloading the website or application ("Visitor"); and
  • Any persons supplying in any way personal information (including name and email address) to the Provider through or in connection with the website or application, whether by way of the Provider's contact form, by email or otherwise ("Registered User"). As part of the registration process, you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or be using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of this condition.
  • If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

              Both categories of users are collectively referred to as "Users", "you" or "your" in this T&C.

ii.            By using, visiting, or browsing the MobilfreeTv service, you hereby acknowledge and agree to be bound by these Terms of Use. We may suspend or stop providing our services If you do not agree to these Terms of Use.

ii. The MobilfreeTv service is provided by Khind Enterprise, Inc., or one of its affiliated companies. Check back as the service provider may change from time to time.

Changes to Terms of Use

We may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided, however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our services or any part thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the website or application or any part thereof. The most current version of the Terms of Use as posted on this page shall supersede all previous versions.

It is your responsibility to check regularly to determine whether a new version of the Terms of Use has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the Terms of Use, then you must immediately stop using our services.

You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of our services, and/or amendments to the Terms of Use.  Your continued use of our services after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms of Use, as amended

Privacy

Personally identifying information is subject to our Privacy Policy (www.MobilfreeTv.com/privacy-policy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Communication Preferences

By using the MobilfreeTv service, you consent to receive electronic communications from MobilfreeTv relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the MobilfreeTv service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails, and other transactional information) and are part of your relationship with Communication Preferences

By using the MobilfreeTv service, you consent to receive electronic communications from MobilfreeTv relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the MobilfreeTv service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails, and other transactional information) and are part of your relationship with MobilfreeTv. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, such as newsletters about new MobilfreeTv features and content, special offers, promotional announcements and customer surveys via email or other methods.

We will not respond, unless required to do so by law, to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.

We will not disclose any personal information under any circumstances of any staff, employee, and the contractor or of our worker and/or our associates. Where appropriate we will endeavor to respond to all Emails within 5 Business Day of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for 1 Month after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.

Membership, Free Trials, Billing, Discount Code, Referral Code and Cancellation

i.Membership. Ongoing Membership.

a.          Your MobilfreeTv membership, which may start with a free trial, will continue month to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the MobilfreeTv service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

b.         Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with MobilfreeTv by logging into your account on our Login Page. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

ii.Free Trials

a.          Your MobilfreeTv membership may start with a free trial. The free trial period of your membership lasts for Seven (7) days or as otherwise specified during sign-up.

For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. MobilfreeTv reserves the right, in its absolute discretion, to determine your free trial eligibility.

b.         We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our login page and login to your account. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

c.          You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. LOGIN TO YOUR ACCOUNT ON THE MobilfreeTv LOGIN PAGE (https://www.MobilfreeTv.com/subscription) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

 

MobilfreeTv Service: Eligibility for Registration and Account safety

i.      You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the MobilfreeTv service. Individuals under the age of 18, or the applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

ii.     The MobilfreeTv service and any content viewed through our Service are for your personal and non-commercial use only. During your MobilfreeTv membership, we grant you a limited, non-exclusive, non-transferable, license to access the MobilfreeTv service and view movies and TV shows through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

You may view a movie or TV show through the MobilfreeTv service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. MobilfreeTv will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED TO ONE DEVICE ONLY. Log in to your account on our login page (subscribe.MobilfreeTv.com) and go to the “Devices Associated” link to see which of your devices are associated. Go to the “Logout Devices” page to log out one or more of your devices. The number of devices available for use and the simultaneous streams may change from time to time at our discretion. Access to additional devices can be purchased from the "Upgrade Plan" section.

iii.    We continually update the MobilfreeTv service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

iv.     You agree to use the MobilfreeTv service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the MobilfreeTv service without express written permission from MobilfreeTv and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the MobilfreeTv service; use any robot, spider, scraper or other automated means to access the MobilfreeTv service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the MobilfreeTv service; insert any code or product or manipulate the content of the MobilfreeTv service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the MobilfreeTv service, including any software viruses or any other computer code, files or programs.

v.      The availability of movies & TV shows to watch will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. MobilfreeTv makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or TV show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your MobilfreeTv ready device.

vi.     MobilfreeTv streaming software is developed by, or for, MobilfreeTv and is designed to enable streaming of content from MobilfreeTv through MobilfreeTv ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING,

UPDATED VERSIONS OF THE MobilfreeTv AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE
OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE.
By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the MobilfreeTv service. If your MobilfreeTv ready device is sold, lost or stolen, please log out the MobilfreeTv ready device.

vii.    You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

viii.   You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

ix.     If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

x.     We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in the illegal or improper use of the service.

Passwords & Account Access

i.     The member who created the MobilfreeTv account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the MobilfreeTv account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting MobilfreeTv Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

ii.    In order to provide you with ease of access to your account and to help administer the MobilfreeTv service, MobilfreeTv implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the MobilfreeTv service, which includes accessing via MobilfreeTv ready devices or website. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the MobilfreeTv website and not through a hyperlink in an email or any other electronic communication, even if it looks official. MobilfreeTv reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. MobilfreeTv is not obligated to credit or discount a membership for holds placed on the account by either a representative of MobilfreeTv or by the automated processes of MobilfreeTv.

Indemnification

You agree to fully indemnify, defend, and hold MobilfreeTv, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims or demands, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) access and use of our services (b) your breach of this Agreement; (c) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (d) your activities in connection with the Services or other websites to which the Services are linked; and/or (e) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services.

Disclaimers of Warranties and Limitations on Liability

i.     THE MobilfreeTv SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MobilfreeTv SERVICE, ARE
PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MobilfreeTv DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MobilfreeTv SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. MobilfreeTv SPECIFICALLY DISCLAIMS
LIABILITY FOR THE USE OF APPLICATIONS, MobilfreeTv READY DEVICES, AND MobilfreeTv SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

ii.    TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL MobilfreeTv, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

iii.   NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

Intellectual Property

i.   Copyright. The MobilfreeTv service, including all content provided on the MobilfreeTv service, is protected by copyright, trade secret or other intellectual property laws and treaties.

ii.   Trademarks. MobilfreeTv is a registered trademark of MobilfreeTv, Inc.

iii.   Claims of Copyright Infringement: If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or is aware of any infringing material available through the MobilfreeTv service, please notify us by completing the Copyright Infringement Claims form (www.MobilfreeTv.com/copyright).

iv.   You will not post any content or take any action on our website or application that infringes the rights of the other user or violates any law.

v.   We reserve the right to remove any content or information if we believe that it violates these terms and conditions.

vi.   On account of the use of any copyright and trademark or you use any logo and trademark which is deceptively similar to the already existing trademarks without our prior written consent, we would disable your account when appropriate.

vii.   You are not allowed to post any sensitive financial information or any one’s identification

Governing Law, Venue and Jurisdiction

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the law of the State of New York, United States, without regard to choice or conflicts of law principles. Further, you and MobilfreeTv agree to the exclusive jurisdiction of the state and federal courts in New York to resolve any dispute, claim or controversy that arises in connection with these Agreements. If you are a United States user, the mandatory arbitration provisions in section 15 below also apply to you.

Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the
MobilfreeTv service. These Applications may import data related to your MobilfreeTv account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and MobilfreeTv is not responsible for such Applications and we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY MobilfreeTv AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

 

Use of Information Submitted

MobilfreeTv is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the MobilfreeTv service, including the MobilfreeTv website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the MobilfreeTv service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note MobilfreeTv does not accept unsolicited materials or ideas for movies or TV shows and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to MobilfreeTv. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against MobilfreeTv and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically grant us, subject to your privacy and application settings, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, host, store, reproduce, modify, optimize, create derivative works, publish, publicly perform, display and distribute such content.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.

When you publish content or information using the Public setting, it means that you are allowing everyone to access and use that information, and to associate it with you.

We hereby disclaim any responsibility regarding the photographs, videos, personal information posted, added, deleted from your profile.

SAFETY

You expressly acknowledge, agree and warrant that:

a)      you are solely and entirely responsible for your “User Content”

“User Content” means

(any personal information provided by you in a contact form or by way of email (Registration Data”); and

any other photographs, videos, audio, data or materials you upload, post, email, transmit or otherwise make available through or in connection with the website or application.

b)       all Registration Data which is submitted by you to us through or in connection with the website or application is true, accurate and current, and is complete in all respects;

c)       you shall update any changes to your Registration Data as soon as practicable; and

d)       you shall not upload, post, email, transmit or otherwise make available through or in connection with the  website or application any User Content that:

                    i.      is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable:

                    ii.     you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements):

                    iii.    infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

                    iv.    comprises unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

                     V. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

                    vi.    purports to impersonate any other person or entity, including, but not limited to, any other User, our official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;

                   vii.    Attempt to gain unauthorized access to the  website or application or any networks, servers or computer systems connected to the application;

viii. You will not use or develop any third party applications that interact with our website or application, another user’s content or information without legal written consent. You will not use or upload any spider, scraper, virus, robot, crawler or any other automated means to access our website or application or extract any other user’s data or personal information.

ix)     You will not solicit login information or access an account belonging to someone else. You will not facilitate or encourage any violations of these terms and conditions.

e)        You also expressly acknowledge, agree and warrant that the Provider:

a)      shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is made available by you through or in connection with the website or application; and

b)      may access, preserve, and disclose all User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

i.            comply with legal process;

ii.           enforce the Terms of Use;

iii.          respond to your requests for customer service; and

iv.          protect the rights, property, or personal safety of the Website, other Users and/or the public.

Customer Support

If you have any questions about these Terms of Use, please contact MobilfreeTv at support@MobilfreeTv.com

 

Arbitration Agreement

a. If you are a MobilfreeTv member in the United States (including its possessions and territories), you and MobilfreeTv agree that any dispute, claim or controversy arising out of or relating in any way to the MobilfreeTv service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MobilfreeTv are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your MobilfreeTv membership.

b. If you elect to seek arbitration or file a small claim court action, you must first send to MobilfreeTv, by certified mail, a written Notice of your claim (“Notice”). The Notice to MobilfreeTv must be addressed to General Counsel, MobilfreeTv, Inc., 8784 118th Street 2nd Floor, Richmond Hill, NY 11418 (“Notice Address”). If MobilfreeTv initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by MobilfreeTv, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If MobilfreeTv and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MobilfreeTv may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after MobilfreeTv receives notice at the Notice Address that you have commenced arbitration, MobilfreeTv will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless MobilfreeTv and you agree otherwise, any arbitration hearings will take place in the county of San Francisco, California.

d. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of MobilfreeTv last written settlement offer made before an arbitrator was selected (or if MobilfreeTv did not make a settlement offer before an arbitrator was selected), then MobilfreeTv will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

e. YOU AND MobilfreeTv AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MobilfreeTv agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

 

No Third party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use, and that you may not assign your profile or registration to any other persons.

 

Severability

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

 

Entire Agreement

These Terms of Use constitute the entire and exclusive agreement between MobilfreeTv and you with respect to the Services and supersede and replace any prior or contemporaneous understandings between MobilfreeTv and you regarding the Services.

Notices: If you choose to provide us with a nominated email address unless you expressly inform us otherwise, MobilfreeTv may communicates with you by providing you with notices regarding updates, changes or additions to the application or Services offered through or in connection with the website or application.. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, such as newsletters about new MobilfreeTv features and content, special offers, promotional announcements and customer surveys via email or other methods.

We will not respond, unless required to do so by law, to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.

We will not disclose any personal information under any circumstances of any staff, employee, and the contractor or of our worker and/or our associates. Where appropriate we will endeavor to respond to all Emails within 5 Business Day of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for 1 Month after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.

 

Membership, Free Trials and Cancellation

i.Membership. Ongoing Membership.

a.          Your MobilfreeTv membership, which may start with a free trial, will continue month to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the MobilfreeTv service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

b.         Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with MobilfreeTv by logging into your account on our Login Page. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

ii.Free Trials

a.          Your MobilfreeTv membership may start with a free trial. The free trial period of your membership lasts for Seven (7) days or as otherwise specified during sign-up.

For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. MobilfreeTv reserves the right, in its absolute discretion, to determine your free trial eligibility.

b.         We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our login page and login to your account. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

c.          You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. LOGIN TO YOUR ACCOUNT ON THE MobilfreeTv LOGIN PAGE (https://www.MobilfreeTv.com/subscription) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

 

MobilfreeTv Service: Eligibility for Registration and Account safety

i.      You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the MobilfreeTv service. Individuals under the age of 18, or the applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

ii.     The MobilfreeTv service and any content viewed through our Service are for your personal and non-commercial use only. During your MobilfreeTv membership, we grant you a limited, non-exclusive, non-transferable, license to access the MobilfreeTv service and view movies and TV shows through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

You may view a movie or TV show through the MobilfreeTv service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. MobilfreeTv will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED TO ONE DEVICE ONLY. Log in to your account on our login page (subscribe.MobilfreeTv.com) and go to the “Devices Associated” link to see which of your devices are associated. Go to the “Logout Devices” page to log out one or more of your devices. The number of devices available for use and the simultaneous streams may change from time to time at our discretion. Access to additional devices can be purchased from the "Upgrade Plan" section.

iii.    We continually update the MobilfreeTv service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

iv.     You agree to use the MobilfreeTv service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the MobilfreeTv service without express written permission from MobilfreeTv and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the MobilfreeTv service; use any robot, spider, scraper or other automated means to access the MobilfreeTv service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the MobilfreeTv service; insert any code or product or manipulate the content of the MobilfreeTv service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the MobilfreeTv service, including any software viruses or any other computer code, files or programs.

v.      The availability of movies & TV shows to watch will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. MobilfreeTv makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or TV show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your MobilfreeTv ready device.

vi.     MobilfreeTv streaming software is developed by, or for, MobilfreeTv and is designed to enable streaming of content from MobilfreeTv through MobilfreeTv ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING,

UPDATED VERSIONS OF THE MobilfreeTv AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE
OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE.
By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the MobilfreeTv service. If your MobilfreeTv ready device is sold, lost or stolen, please log out the MobilfreeTv ready device.

vii.    You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

viii.   You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

ix.     If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

x.     We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in the illegal or improper use of the service.

Passwords & Account Access

i.     The member who created the MobilfreeTv account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the MobilfreeTv account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting MobilfreeTv Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

ii.    In order to provide you with ease of access to your account and to help administer the MobilfreeTv service, MobilfreeTv implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the MobilfreeTv service, which includes accessing via MobilfreeTv ready devices or website. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the MobilfreeTv website and not through a hyperlink in an email or any other electronic communication, even if it looks official. MobilfreeTv reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. MobilfreeTv is not obligated to credit or discount a membership for holds placed on the account by either a representative of MobilfreeTv or by the automated processes of MobilfreeTv.

 

Indemnification

You agree to fully indemnify, defend, and hold MobilfreeTv, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims or demands, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) access and use of our services (b) your breach of this Agreement; (c) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (d) your activities in connection with the Services or other websites to which the Services are linked; and/or (e) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services.

Disclaimers of Warranties and Limitations on Liability

i.     THE MobilfreeTv SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MobilfreeTv SERVICE, ARE
PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MobilfreeTv DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MobilfreeTv SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. MobilfreeTv SPECIFICALLY DISCLAIMS
LIABILITY FOR THE USE OF APPLICATIONS, MobilfreeTv READY DEVICES, AND MobilfreeTv SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

ii.    TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL MobilfreeTv, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

iii.   NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

Intellectual Property

i.   Copyright. The MobilfreeTv service, including all content provided on the MobilfreeTv service, is protected by copyright, trade secret or other intellectual property laws and treaties.

ii.   Trademarks. MobilfreeTv is a registered trademark of MobilfreeTv, Inc.

iii.   Claims of Copyright Infringement: If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or is aware of any infringing material available through the MobilfreeTv service, please notify us by completing the Copyright Infringement Claims form (www.MobilfreeTv.com/copyright).

iv.   You will not post any content or take any action on our website or application that infringes the rights of the other user or violates any law.

v.   We reserve the right to remove any content or information if we believe that it violates these terms and conditions.

vi.   On account of the use of any copyright and trademark or you use any logo and trademark which is deceptively similar to the already existing trademarks without our prior written consent, we would disable your account when appropriate.

vii.   You are not allowed to post any sensitive financial information or any one’s identification

 

Governing Law, Venue and Jurisdiction

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the law of the State of New York, United States, without regard to choice or conflicts of law principles. Further, you and MobilfreeTv agree to the exclusive jurisdiction of the state and federal courts in New York to resolve any dispute, claim or controversy that arises in connection with these Agreements. If you are a United States user, the mandatory arbitration provisions in section 15 below also apply to you.

Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the
MobilfreeTv service. These Applications may import data related to your MobilfreeTv account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and MobilfreeTv is not responsible for such Applications and we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY MobilfreeTv AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

Use of Information Submitted

MobilfreeTv is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the MobilfreeTv service, including the MobilfreeTv website and user interface